Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZQUH v Minister for Immigration & Citizenship [2012] FCA 1265 Citation: SZQUH v Minister for Immigration & Citizenship [2012] FCA 1265
Appeal from: SZQUH v Minister for Immigration & Anor [2012] FMCA 534
Parties: SZQUH v MINISTER FOR IMMIGRATION & CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number: NSD 1004 of 2012
Judge: KATZMANN J
Date of judgment: 15 November 2012
Catchwords: MIGRATION – Refugees – appeal from Federal Magistrates Court dismissing application for review of Refugee Review Tribunal decision – RRT affirmed decision to refuse appellant a protection visa – whether any error in federal magistrate's decision – whether any jurisdictional error established – interpreters – alleged errors in interpretation – whether RRT had a duty to inquire of authors of documents submitted by appellant before making adverse findings – absence of legal representation – whether amounted to a denial of procedural fairness
Legislation: Migration Act 1958 (Cth) ss 424, 425, 476
Cases cited: Bodenstein v Minister for Immigration and Citizenship [2009] FCA 50 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) 78 ALJR 992; [2004] HCA 32 Minister for Immigration and Citizenship v SZIAI (2009) 83 ALJR 1123; [2009] HCA 39 Minister for Immigration and Multicultural and Indigenous Affairs v SCAR (2003) 128 FCR 553 NAJT v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 147 FCR 51 New South Wales v Canellis (1994) 181 CLR 309 Nguyen v Minister for Immigration & Multicultural Affairs (2000) 101 FCR 20 Perera v Minister for Immigration and Multicultural Affairs (1999) 92 FCR 6 SLMB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 129 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 SZLGP v Minister for Immigration and Citizenship (2009) 81 FCR 113 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158 Shulman, MB, "No Hablo Inglés: Court Interpretation as a Major Obstacle to Fairness for Non-English Speaking Defendants" (1993) 46 Vand L Rev 175
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